MUMBAI: Among the many Executive Orders (EO) signed by President Trump on Day 1, is one that seeks to promptly remove all aliens (which means foreign nationals) who enter or remain in violation of US Federal Law. In other words, this spells bad news for undocumented immigrants including those from India.
This EO together with the Laken Riley Bill, which may soon be passed by the Senate and be enacted, has sparked fears that there would be sweeping visa bans if countries do not cooperate in taking back their citizens who are illegal immigrants in the US.
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In October last year, the US deported a planeload of illegal immigrants to India – this was achieved with the co-operation of the Indian government. According to Pew Research, there are 7. 25 lakh illegal immigrants from India, though government figures may vary.
Migration Policy Institute, in a paper issued last March, explained that removals require the consent of the immigrant’s country of origin, which must confirm the individual’s nationality, issue a travel document, and accept their physical return.
The removal process can be complicated or made impossible if relations are frosty between the US and the country of origin or if that country lacks a functioning government or has severely limited resources. The US government formally refers to countries that refuse or delay removals as ‘recalcitrant,’ a designation applied to 13 countries as of 2020, including China, Cuba, India, and Russia, it adds.
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Sameer Khedekar, founder of Vanguard Visa Law, an immigration law firm told TOI, “The bill, which is nearly law (it has already been passed by the House on Jan 7), also allows states to sue to cancel ‘all’ visas from countries that don’t take back their undocumented immigrants.”
Khedekar says the fear is that once enacted, Steve Bannon, former chief strategist in the earlier Trump administration could seek out states like Texas (with right-wing attorney generals) to use this provision to ask a judge to cancel visas issued from India (say H-1B visas), should India not take back its undocumented immigrants. Bannon has affirmed that he would be willing to take such measures, in statements to US media houses, including the New Republic.
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Traditionally owing to the strong ties between India and the US, India has not faced a blanket visa ban as a deterrent measure. If the bill is passed, the decision to impose a blanket ban will rest with the court rather than in diplomatic dialogue.
